HomeMy WebLinkAboutDeed Restriction383889 B-788 P-767 08ZO1195 10:30A FAG 1 OF
SILVIA DAVIS PITKIN COUNTY CLERK R RECORDER REC
DOC N
16.00
ACCESSORY DWELLING UNIT DEED RESTRICTION
PURSUANT TO SECTION 5-510 OF THE
ASPEN CITY LAND USE CODE
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and entered
into this 10th day of July, 1995, by Thomas Fellman, ("Coventor") for itself, its
successors and assigns, for the benefit of the City of Aspen, Colorado, a municipal
corporation, and the Aspen/Pitkin County Housing Authority, a multi -jurisdictional housing
authority established pursuant to the AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the
records of the Pitkin County Clerk and Recorder's Office ("Authority").
WHEREAS, Coventor owns that parcel of real property located at 222 North
Cleveland Street, in the City of Aspen, County of Pitkin, Colorado, more specifically
described as Lot 1, Fellman Lot Split, recorded in Plat Book 35 at Page 67, in the Pitkin
County Clerk and Recorders Office, upon which is situate a single-family home to contain
an attached, 317 net liveable square foot, one bedroom accessory dwelling unit ("Unit");
and
WHEREAS, Coventor agrees to accept and impose certain conditions on its use
and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal
Code.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained where, the Coventor hereby covenants and agrees as follows:
1. The Unit as identified hereinabove shall not be condominiumized and, if rented,
shall be rented only in accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing "resident -occupied"
dwelling units.
2. Coventor need not rent the Unit; however, when rented, only qualified residents,
as defined in the Housing Guidelines, shall reside therein and all rental terms
maintain the right to select the qualified resident of its own choosing when
shall be fore a period of not less than six (6) consecutive months. Coventor shall
renting
the Unit. An executed copy of all leases for the Unit shall be submitted to the
Authority within ten (10) days of the approval of a qualified resident.
;. The covenants and limitations of this deed restriction shall run with and be binding
on the land for the benefit of the City of Aspen and the Authority, either of whom
may enforce the provisions thereof through any proceedings at law or in equity,
including eviction of non -complying tenants.
JUL 07 '95 10:37RM RSPEN HOUSING OFC P.3
383889 B-788 P--768 08/01 /95 10: 30A PG 2 OF 3
4. It is understood and agreed by thCoventor that no waiver of a breach of any
term or condition as contained in t s deed restriction shall be construed to be a
waiver of any breach of the same* other term or condition, nor shall failure to
enforce any one of the terms or conditions, either by forfeiture or otherwise, be
construed as a waiver of any term or condition.
IN WITNESS HEREOF, Coventor has placed its duly authorized signature hereto
on the date as described above.
COVENTOR:
Thomas Fellman
Mailing Address: Thomas Fell=:n
c/o Aspen Constructors, Inc.
210 AABC, #FF
Aspen, CO 81611
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�' ••.yi'• ) SS.
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r `ehe ,-**egoing instrument was acknowledged before me this day of
Ira.�'• , 19 ff by Thomas FgliMain.
o .
WITNESS MY hand and official s$al.
My Commission expires: 'z�/- 9�
pate
Notary Public
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383889 S-788 P-769 08/01/9- 10:30A PG P.4
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ACCEPTANCE BY THg HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County
Housing Authority.
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY
By:
Eli abeth Krizmanich, Chairperson
Mailing Address:
530 East Main Street, Suite 001
Aspen, CO 61 a 11
STATE OF COLORADO )
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this day of I
, 19�, by Elizabeth Kruman .
WITNESS MY hand and official seal.
My Commission expires:
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lwork%drUellman.adu C� f C/ •}�
COCORAO�
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